Past, Present & Future
by Bard15
Summary: Deeks had a very active law enforcement career long before NCIS. What happens when a case from his past threatens his future, and what will the team do to keep him safe?


Summary: This is a team centered case fic, full of H /C and friendship. I like Deeks/Callen friendship fics (of which there are definitely not enough) because they have such similar backgrounds. Marty Deeks had a very active law enforcement career long before he met the NCIS crew…what happens when one of his past cases catches up to him, and what lengths will the team go to find him. Just an excuse for some Deeks thumping!

A/N: this is my first time posting in almost 10 years thanks to RL; I had to make a new account because the other one was so old. So now I have stories posted under two pennames. The old one (adsh) has Sentinel and Diagnosis Murder stories.

"**Never Trust Your Lawyer"**

_Prologue/Scene tag—"Human Traffic"_

After Traynor left, Kensi looked over at Callen, "You knew; how did you know and we didn't?"

"What, that Deeks used to be a lawyer…it's in his file." Callen said with a shrug.

"You've read his file?" Kensi shot back.

"Just his liaison application forms." Callen explained. "When Hetty got the liaison papers ready, she had me sign off on the forms as team leader."

"What would make someone go from lawyer to deep cover cop?" Sam asked absently.

"That wasn't in the file." Callen said.

"How long?" Kensi asked.

"Three or four years I think," Callen surmised. "He worked for the DA's office."

"Now that could really get to someone after a while…good cases going down the tubes because of a technicality or a high priced weasel of a defense attorney." Sam commented.

"Guess we'll just have to find him and get him to tell us." Callen commented.

_Season Three_

"Yeah, Deeks," Marty said as he answered his phone. "Yeah, hey Joe…how's it goin'?"

As Deeks listened to the person on the other end, the others noticed his normally light mood turn dark as his brow furrowed in anger. "You have got to be kidding me. How?"

Deeks got up and began pacing the small office area, growing more agitated as he listened to the caller, "So what now? Yeah, I can do that. Keep me updated."

The three agents watched as Deeks slammed closed his phone, rubbed a frustrated hand through his hair and down his face before seeming to stare off into space.

"Hey, Deeks…you alright; what's going on?" Kensi ventured, after sharing concerned and confused looks with Sam and Callen.

When the detective did not acknowledge his partner Callen approached the distracted man and laid a hand on his shoulder, causing Deeks to startle. "Whoa, Deeks…what's wrong? Who was on the phone that has you so shook up?"

Deeks just shook his head and looked down at the phone in his hand. "That was Joe Martin, an ADA I worked with several years ago…just told me that Alexandro Martinez escaped custody…."

"Martinez…isn't he the guy who had his fingers in everyone's pie about eight years ago…drugs, smuggling, prostitution, murder, even rumored to try his hands at arms dealing…"

"Yeah…cops worked years to make a case against him; always had someone else doing his dirty work…no one could ever get enough evidence to get any charges to stick." Deeks explained. "He finally got caught up with a money laundering scheme…just shows you shouldn't trust your lawyer."

"Martinez? I remember reading about the case, the DA finally convinced one of associates to turn states evidence and then a witness came forward willing to testify." Callen interjected.

"You think he'll come after the witnesses?" Sam asked.

With a heavy sigh, Deeks said. "Maybe, if he was smart he'd high tail out of the country, but he was a vengeful bastard. Had one of his own men strung up and tortured for screwing up a buy, this was one scary dude."

"Why's the ADA calling you?" Callen asked suspiciously. "Did you have a hand in the case?"

"Yeah, I worked the case, helped convince the witness to testify." Deeks answered, "…and helped WPS set up her new identity."

**Several days later**

"Kensi," The agent said answering his phone.

After listening to the caller for a moment she frowned. "No, he said he had a meeting with you this morning. You mean he never made it?"

"Damn, I was afraid this would happen." The caller said.

"Why would you say that…what's going on," Kensi demanded, listening to the caller explain his fears.

"And you never bothered to inform us?" Kensi snapped before continuing, "You sit tight and we'll check it out and call you.

"What was that all about?" Callen asked.

"That was Joe Martin, Deeks never showed up for an 8:30 meeting this morning…"

"But it's after ten now, and the guy is just now calling." Sam commented angrily.

"Oh, that's not all. Deeks failed to mention to us that Martinez threatened everyone in the courtroom, from the judge to the jury to the witnesses, at his sentencing…and the judge that presided over the case was found murdered yesterday morning." Kensi said.

"He did say that Martinez was vengeful." Sam commented.

"So, Deeks was part of the team that took down Martinez, who threatened everyone at the trial, and now that the guy is out we have a murdered judge and a missing liaison." Callen summarized.

The agents drove towards the DA's office, taking the most likely route the detective would have taken from his apartment. Less than two miles from the apartment they came upon several fire trucks and police cars, parked haphazardly around a bend in the road; as they drove past they noticed a break in the guardrail where it was apparent something went over the side of the embankment.

Exchanging grim looks, Sam pulled the SUV over and the agents got out.

Flipping open their badges they breached the police line. "NCIS, who's in charge here?"

"That'd be me."

"What happened here?" Sam asked.

"And NCIS wants to know because?" the cop asked.

"We're investigating a disappearance…just tell us what happened." Callen said tightly.

"Car went over the embankment…but when rescue went down to pull out any victims the car was empty…and there look to be several sets of tire marks going back almost a mile." The cop explained.

"What kind of car?" Kensi asked worriedly.

"A 2005 Taurus." The cop answered.

Exchanging grim looks, Sam asked. "Was it silver?"

Sounds of metal scrapping pavement pulled their attention to where the tow truck was hoisting the car up over the rim of the embankment. "See for yourselves."

As the car was eased onto its deflated and mangled wheels, Sam and Callen approached; walking around and peering through the shattered windows.

Looking at each other over the dented roof, Callen said tightly. "It's Deeks car."

"Yeah, but where's Deeks?" Sam said.

"Forensics came back on the car. Two slugs from a high powered sniper rifle were pulled out of the right front tires, and the blood on the steering wheel, dash and side window belong to Deeks." Eric reported solemnly to the gathered agents in ops.

"So someone was waiting for him." Callen said grimly.

"If they wanted him dead why kidnap him?" Sam mused aloud. "What do they want with him?"

"I may have the answer to that." Hetty interjected. "As you know it was Mr. Deeks who convinced the witness to testify…it was Martinez's sister, Angelina. And although Deeks worked in the District Attorney's office at the time, he didn't actually prosecute the case…he was the 'associate' that turned state's evidence on Martinez."

"What… are you saying Deeks went undercover when he was a lawyer?" Sam asked.

Hetty nodded, "It was because of that case that Mr. Deeks decided to become an undercover officer full time."

"So maybe Martinez thinks Deeks can lead him to his sister." Sam surmised.

A whistle from Eric got the agents attention. "LAPD just got a message that is addressed to NCIS."

The message was simply a set of coordinates on the outskirts of the city and nothing more, sent from an internet café that conveniently did not have functioning security cameras.

When they entered the dimly lit warehouse they were surprised to find a large rectangular crate sitting in the middle of the large room with an open laptop sitting on top of it.

"I do not like this." Sam muttered, looking around the room.

They approached the crate and computer cautiously. They noted that the screen was flashing a skull and crossbones with the word enter typed out in red, dripping script.

The agents exchanged grim looks before Callen gingerly pressed the enter button on the computer.

The computer sprang to life with a video showing a close up of the detective laying beat up and unconscious; after a few moments the angle widened to show Deeks was lying in a narrow, coffin sized box.

The agent's watched with growing anger and horror as a lid was placed on the crate and nailed shut.

Sam and Callen exchanged knowing looks, "Sam the crate."

They quickly removed the computer and set about prying the top off the crate only to discover it held only the detectives shield, gun and cell phone.

They were startled when Deeks cell began to ring.

Putting it on speaker as he answered Callen said, "Yeah."

"Did you really think it would be that easy agent?" Martinez asked.

"Where is Deeks…he dies you die," Callen threatened.

"Now, now is that anyway to begin a business transaction…"

Exchanging a knowing look with Sam, Callen asked. "And what kind of business do we need to conduct?"

"Now agent, your boy doesn't really have time for this verbal sparring."

"What's that supposed to mean?" Callen asked coldly.

"Just say that Mr. Deeks is waiting with bated breath to see the outcome of our little business deal…I have something you want and you have the means to get what I want." Martinez said.

"We're not witness protection…we don't know where your sister has been relocated." Callen stalled.

"Witness protection, NCIS, FBI…I don't care how you stir them up…you're all feds...," Martinez snapped, "I don't care what you have to do."

"It will take some time…" Callen said.

"Your man has about twenty four hours…before final arrangements will have to be made."

"Meaning?" Callen asked.

Martinez just chuckled lightly, "Tick tock gentlemen; I'll be in touch on Marty's phone every two hours."

"That's agent Deeks to you," Callen shot back.

"Agent now, the boy does get around doesn't he?" The man answered.

"There won't be any place you can hide Martinez…" Sam left the threat hanging.

Martinez just laughed, "Tick tock…"

The line clicked, ending the call. Sam and Callen exchanged worried looks.

"You don't think he really did it do you…buried Deeks somewhere?" Sam finally asked; his voice tight with worry and no small amount of horror at the thought of Deeks being in a box underground.

The look he got from Callen answered that question.

The hours it took to cut through the red tape and 'secrecy' at the office of witness protection was agonizing in its slowness, but finally they had the agent who helped to relocate Angelina.

"We don't have time for this interagency politicking, we have an agent in serious trouble here," Callen ground out angrily. "We don't want to put your witness in danger…"

Hetty couldn't help a small smile as she heard Callen refer to Deeks as an 'agent' instead of 'liaison officer'. Looking around Ops she noted no one seemed to notice the slip.

"Putting her in danger is not the issue." The WPS agent said.

"Then what's the problem?" Sam snapped.

"Guys, she's dead." The agent answered, "Cancer, about 4 months ago."

The frustration in Ops was palpable.

"Dead," Callen repeated in shock and surprise.

Exchanging grim looks, Sam finally said, "Now what?"

"Regardless of this new development we are still faced with the same dilemma," Hetty explained. "Mr. Martinez wants to see his sister in order for us to get our agent back alive…"

"But if she's dead, we are out of options…and Deeks will…" Kensi couldn't finish the thought.

"No so, Ms. Blye," Hetty continued. "WP would never have compromised a witness…he may not be able to see her, but perhaps we can arrange for him to talk to her, it would at least buy us some time to come up with an alternative plan.'

"Talk to her? Hetty, she's dead…" Kensi asked slowly.

"You plan on pulling out a Ouija board on us Hetty?" Sam said.

The phone was on speaker when Martinez next called.

"So, where's my sister?" he asked impatiently.

"We've been in touch with WPS, but they're not giving up her location so easily…" Callen started to explain, only to be interrupted.

"That's most unfortunate for ol' Marty then."

"Wait! We haven't arranged for you to see her, but we have got them to agree to a phone call." Callen interjected quickly

"Are you sure this is going to work? If Martinez doesn't buy this then Deeks is as good as dead." Sam asked tightly.

"All of Angelina Martinez's voice recordings from her questioning and her brother's trial have been downloaded…when he asks her a question all I have to do is type in the response and the program will find the words in the recordings and put them together to form the response." Eric explained.

"Won't it sound stilted…" asked Kensi.

"The program will smooth out the cadence somewhat…" Eric explained. "Look it's not perfect, but it's all we've got."

"Hopefully Martinez will put it down to nerves and not pick up on it." Callen commented hopefully.

It was surprisingly simple after that to track the cell signals when Martinez had his 'chat' with his sister.

"Where is he," Callen demanded of the cuffed prisoner.

Martinez looked thoughtful for a moment before asking casually, "What time is it?"

"What…you're asking 'what time it is'?" Sam snapped. "What are you playing at?"

"Oh, agent, I'm not playing at all…I knew getting to my sister was a long shot, but if I couldn't get to her at least I could take care of that double crossing traitor that turned my sister against me…and if I had managed to catch the little bitch up in it all the better." Martinez explained smugly.

"Where. Is. Marty. Deeks." Callen enunciated every word.

"What time is it?" Martinez asked again.

"It's 5:50," Sam snapped out. "What's that got to do with anything?"

Martinez shrugged. "Doesn't matter anymore; I win."

Shaking with rage, Sam grabbed Martinez by the collar and slammed him against the wall. "Where is he?"

With an evil smile, Martinez looked towards the back of the building. "Dead and buried, agent; dead and buried."

"Here, it has to be here." Callen shouted, pointing to the backhoe nearby, "Sam the backhoe."

The five minutes it took to dig out the freshly turned earth seemed to take a life time.

Callen jumped down into the pit, followed moments later by Sam and they wasted no time prying the top off the "box"—Callen was unwilling to think of the rectangular crate as Deeks coffin.

What they found sent terror coursing through them…Deeks was unconscious; an oxygen mask covered his mouth and nose but did nothing to hide the myriad of cuts and bruises that stood out starkly against his pale complexion. His hands were resting haphazardly across his body and they noted that they were torn up with his attempts to escape his prison.

As Callen reached to check the detectives pulse point, Sam reached for the tank. "It's empty."

"Sam I'm not even sure I've got a pulse here, it's so weak." Callen said, reaching to remove the mask, revealing blue tinged lips. "We got to get him out of here now."

"G, move now…get the paramedics." Sam ordered, practically pushing Callen out of the pit before reaching down to lift Marty into a fireman's carry.

Sam lifted the unconscious man into the waiting arms of Callen and the paramedics before climbing from the pit himself. Both men stood in stunned silence as they watched the paramedics work to save their friends life.

It had been touch and go for the last twenty-four hours, and Marty had shown no signs of waking. Besides the oxygen deprivation he had suffered a myriad of injuries in the car accident when he was kidnapped.

The team had taken turns sitting in the ICU bay watching their stricken team mate through the glass partition; currently it was Callen who stood watching. He had so many emotions swirling around in his head he could barely think straight…anger, fear—guilt. This was the second time since he had known the detective that he was seriously injured working with them and wondered when and if the detective would decide he had had enough of the overly dangerous life of a federal agent. Not that the life of a deep cover detective on a major police force did not have its dangers, but it was still minor compared to the dangers of an agents life.

Earlier that day in Ops, Sam and Hetty both had tried to make him see reason; none of them could have foreseen things happening this way, they hadn't even known the detective when he had worked the Martinez case.

"It's not that he had a dangerous enemy, we all have someone out there that wants us dead…it's that we didn't do enough, we knew Martinez was a dangerous SOB-had threatened the witnesses and prosecutors, we knew Marty was a potential target…" Callen ground out angrily.

"What would you have had us do Mr. Callen, lock him up in a safe house for the duration," Hetty asked in a tone that suggested she already knew the answer. "Can I ask, if the situation were reversed, would you have allowed us to put you in protective custody?"

Callen just scowled angrily. "This is the second time he's been in the hospital, been hurt because of us…we didn't have his back last time, he was shot and used because of a case he had nothing to do with; and we didn't do enough to protect him this time."

"So what would you have us do Mr. Callen, Mr. Deeks is a grown man?" Hetty asked again.

"He can't keep doing this, going back and forth; half the time we don't know where he is or what he is working on…we don't know enough about him to keep him safe." Callen said.

"I still haven't heard a solution Mr. Callen." Hetty prodded.

"Finally make him an agent," Callen said succinctly. "That's why you created that liaison position anyway, to get him onboard."

Hetty looked between the two men, and noted Sam nodding his head in agreement with his partner.

"It's on the table…he was offered the position months ago." Hetty finally said.

"What? You mean he turned you down?" Sam exclaimed, "What's he still doing here?"

"He didn't turn me down; he just hasn't decided to take the offer…yet." Hetty explained.

"What's he waiting for?" Sam groused.

"To know it's the right decision for him." Hetty said. "He is very proud to be a detective…worked hard for his position, and is confident in that position; but he is uncertain of himself in the position of an agent."

"He's been doing the job of an agent for over two years, how can he be so unsure of his ability to do the job?" Sam asked in frustration.

"Why should he want to…look where he is…maybe it's us he doesn't trust." Callen interjected.

"No, Mr. Callen I think you have that backwards…it's himself he doesn't trust…it's his abilities to have his teammates back that he calls into question." Hetty replied. "After his unfortunate shooting last year, he still feels he is the weak link in this team."

"Well that opinion will be changing quickly enough if the boy would ever decide to wake up." Sam said staunchly.

"Where are the papers now Hetty?" Callen asked.

"In my desk, all they need is his signature." Hetty supplied.

Callen just nodded knowingly.

3 Days later

Callen stepped into the hospital room to a dressed and agitated detective. "You ready to get out of here and finally go home?"

"I've been ready for over an hour, where's Kensi?" the detective replied.

"Ah, she had some things to take care of first…we'll meet her there." Callen answered mysteriously.

"What, oh, come on, she's not like decorating my apartment or something is she?" Deeks asked warily.

Callen just smiled, "Or something?"

No matter how much he whined or cajoled, Callen would not tell him what Kensi was up to. When they pulled up to Mission Ops Deeks looked at Callen in confusion.

"Uh, we got a case?" Deeks asked.

"Nope," Callen replied exiting the car, forcing Deeks to exit and follow the agent if he planned on getting any answers.

"If we don't have a case what are we doing here?"

"Do you always ask so many questions?"

"Uh, yeah, kinda comes with the job ya' know," Deeks said with some sarcasm.

Callen just gave his patented smirk before turning to enter the building again forcing Deeks to follow.

He came to find everyone sitting around the desks in the bullpen and his desk was indeed decorated with festive balloons and ribbon, a congratulations sign hanging behind his desk.

The startled man opened and closed his mouth several times, not being able to form words.

"Marty Deeks is speechless, stop the presses," Sam said with a laugh.

"Okay, thanks really, this is great but, uhm…were they out of, 'Welcome Back' signs," Deeks finally said.

"Welcome back implies that you left." Hetty explained.

"Okay, I'm…uh, really confused here…" Marty trailed off.

"Perhaps you would think more clearly if you sat at your desk." Kensi offered, pulling out his chair.

He searched the faces of the assembled agents looking for any tell that he was about to become the butt of one of their jokes; however, they all sported hesitant yet expectant looks, further confusing him. He approached his chair warily and seeing nothing out of the ordinary (other than the balloons and streamers) he sat down.

Kensi pushed him in then handed him a file and a small box.

"We saved you some paper work." She said with a smile.

They chuckled at the detectives groan, "You didn't have to…really."

"Don't look so put out, it only requires your signature…but I suggest you open the box first." Hetty said.

Deeks again gave the assembled group a wary look before slowly opening the box. Inside he found a desk plate with his name etched across it. "Uh, this is nice guys, but I already have a desk plate."

"Not this kind." Hetty said, nodding her head towards the plate, to indicate he should look at it more carefully.

He again looked at the name plate, surprise registering on his face when he noticed the difference. He looked up at the expectant faces, "Agent? I'm not an agent? What's going on?"

"That can easily be remedied Mr. Deeks," Hetty said handing the man a pen.

While Marty slowly took the pen from Hetty, Kensi leaned over him and opened the file to reveal the agent application form that Hetty had offered him months ago.

"I don't understand?

"You get in to much trouble when we leave you alone too often." Callen said with a smirk.

The look on Deeks face clearly indicated he didn't quite know how to take the comment so Sam clarified, "We can't watch your back when we don't know where you are and what you're working on…this going back and forth and being out of touch with your team is just not working."

Deeks raised an eyebrow, "My team?"

"Yes, partner…you're team," Kensi said, sitting at the corner of his desk.

"I asked you if you were ready to come home." Callen said.

"I thought you meant my apartment." Deeks exclaimed.

"Unless…you don't want to work with us anymore," Kensi asked hesitantly, "I know we've let you down…"

"Let me down? What are you talking about, you've never let me down…it's been great working with you guys…" Deeks quickly explained.

"But not good enough to want to be one of us?" Sam asked pointedly.

Deeks gave a heavy sigh, running his hands down his face as he slumped back into his chair. "It's definitely not anything like that."

"Then what is it exactly?" Callen asked.

"I'm a cop…I'm comfortable with the role, I know the playbook…"

"How is being an undercover cop different than being an agent? You go after the bad guys, we go after bad guys; you've been undercover with us before… you've been an agent in everything but name since you walked through that door two years ago." Callen pressed.

Deeks just shrugged. "I don't know."

"It can't be because you are afraid of change, of something new; you went from a lawyer to a cop and undercover is all about change…" Kensi prodded.

Deeks gave another heavy sigh before saying quietly, "I don't want to let you down…any of you. You got to understand, with deep cover I never had a steady partner; each op had different players, different departments even…I've never had to look out for anyone on a team before."

"You have always performed exemplary in your role with us." Hetty supplied.

Deeks gave an embarrassed smile, "Thanks for that."

"We trust you Deeks, you've always had our backs…you were willing to give up everything when you came with us to Romania, now we want to return that…" Callen said.

Deeks looked around at all the open and expectant faces and finally gave a nod. "A team…my team…I think I could get used to that."

They watched as he signed the forms and closed the file, handing it to Hetty with a smile. "Here you go…boss."

Hetty took the offered file and returned the smile, "And don't you forget it."


End file.
